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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Thakur Singh S/o Kunni Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. Since both these appeals arise out of the same impugned judgment of conviction and order of sentence, they are being heard together and are disposed of by this common judgment.
2. In these appeals filed under Section 374(2) Cr.P.C. the appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 03.02.2016 passed by the Sessions Judge, Baikunthpur, District Koriya, C.G. in Sessions Case No.57/2015, whereby and whereunder, the appellants stand convicted and sentenced as under:-
(All sentences were directed to run concurrently)
3. Case of the prosecution, in brief, is that Smt. Janki Bai (PW-1) and her elder sister/Rambai (hereinafter called as ‘deceased’), were residing in the same neighbourhood. On 02.03.2015, on the occasion of Holi festival, deceased- Rambai along with Sukhsen Panika, Prem Gond, Rajkumar and Arjun Gond, was playing Holi in the village by going door to door. It is alleged that after consuming liquor, deceased returned home in the afternoon. At about 6:00 p.m. on the same day, Rambai’s brother-in-law, Ramdevan Singh (PW-14) informed that deceased had left the house st
Conviction based on unreliable eyewitness testimony due to delays and contradictions cannot be sustained, emphasizing the need for credible evidence in criminal cases.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Conviction overturned due to unreliable eyewitness accounts, procedural delays, and failure to establish charges beyond reasonable doubt, emphasizing the principle of parity among co-accused.
The reliability of an eyewitness is paramount, and without corroboration, their testimony cannot solely sustain a conviction in criminal jurisprudence.
The court emphasized that circumstantial evidence must be reliable and corroborated; mere reliance on the last seen theory is insufficient for conviction.
The court emphasized the unreliability of eyewitness testimony from related witnesses, especially when recorded after significant delays, leading to the acquittal of the accused.
The judgment establishes that minor discrepancies in witness testimonies, which do not materially affect the case, cannot be the basis for doubting the prosecution's case.
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